In an unexpected twist, rather than Senate Republicans coming to former President Donald Trump’s defense following the House January 6 Select Committee’s DOJ referral, Senate Democrats have.
While those on the Committee are ramping up their pressure on the Department of Justice to indict the former President and Republican Senators are saying it’s up to the DOJ whether or not to charge Trump, Senate Democrats are being far more cautious.
Instead, Senate Democrats have asserted that there’s a “high bar” for prosecuting a former President.
Democratic Senator Chris Murphy (Conn.) shared his belief that it was necessary to be “careful about prosecuting former Presidents,” adding that it is “OK to have a high bar” when pursuing prosecution against a former President.
He noted that if there was “clear and convincing evidence,” the Department of Justice could proceed, but reiterated that it was necessary to be “careful.”
Another Democratic Senator, Tim Kaine (Va.), acknowledged the political risks in prosecuting a former President with as much sway among the GOP base as Trump.
He noted that while he didn’t tell “prosecutors what to do,” he believed that if there was “very compelling” evidence, the DOJ should pursue prosecution.
But Kaine and other Democrats have also cautioned that the DOJ pursuing prosecution against the former President could plunge the Department into a political vortex spurred by backlash from Trump’s loyal supporters.
However, Kaine also noted that it was a balancing act as inaction could “encourage more bad behavior.”
